Author: Legal Iuris

Family reunification in Spain Have a consultation with Spanish immigration lawyers Please enable JavaScript in your browser to complete this form.Name *Email *Phone *Tell us about your situation *How did you hear about Legal Iuris? * I found your website on Google Facebook Instagram Other GDPR Agreement * I consent to this website storing the information I have submitted so that they can reply to my enquiry. Send When it comes to reuniting your family in Spain, the application for family reunification becomes the most important legal instrument. Whether you’re planning to bring your spouse, children, or parents, understanding every requirement, procedure, and detail is crucial to making the process as quick and secure as possible. In this practical guide, we explain everything you need to know, with clear examples and expert advice to help you avoid common mistakes and increase your chances of success. What is the family reunification procedure in Spain? Family reunification in Spain is a legal permit that allows relatives of a Spanish resident or citizen, or of an EU citizen, to live legally in the country. Its main objective is to guarantee family unity, allowing people with close family ties to live together, access basic services, and work legally. There are two main categories: Family members of non-EU citizens: Those who have residence in Spain, but are not EU citizens. Family members of EU citizens: Applies to spouses, children or dependents of a European citizen who resides or works in Spain. Types of family reunification For family members of non-EU citizens If you hold a residence permit in Spain (temporary or permanent), you can apply for family reunification: Spouse or registered domestic partner Children under 18 years of age or financially dependent Dependent parents For family members of EU citizens European citizens have an EU citizen family member card, which simplifies the process and allows for greater flexibility: Spouse or common-law partner Children (minors or financially dependent) Other dependent family members under special circumstances General requirements for applying Required documentation Valid passport of the family member applying Birth and marriage certificates (if applicable) Document proving the family relationship Official application form Verification of financial means Applicants in Spain must demonstrate sufficient income to support their family, either through payroll, employment contract, or savings. Minimum income requirements depend on family size and the autonomous community of residence. Health insurance Health insurance must cover illnesses and accidents. It can be public or private. Financial requirements and accommodation For the application to be approved, it must be guaranteed that the family will have an adequate standard of living. Minimum income They depend on the number of family members. For example, for a family of three, approximately 200% of the IPREM (Public Indicator of Income for Multiple Effects) is usually required. Accommodation certificate It could be a rental agreement or property deed Requirements for specific family members Spouse or registered partner You must present a marriage certificate or a legally recognized civil partnership registration. Verification of the actual relationship (photos, shared accounts, correspondence). Minor children Birth certificate Proof of economic dependency if they are over 18 years old and still studying or not working. Other dependent family members Parents or grandparents who are financially dependent Brother/sister in exceptional cases Duration and renewal of family reunification Initial validity Generally 5 years. But it will depend on the type of residence the family member previously held. Renewal It is requested before the expiry date by presenting proof of income, valid health insurance and continuous residence in Spain. Costs associated with family reunification Consular fees Approximately €60–80 per application. Additional expenses Sworn translation, legalization of documents, health insurance. FAQ – Frequently Asked Questions about Family Reunification How long does it take to get a family reunification visa in Spain? It depends on the type of family member and consulate, but it usually takes between 1 and 3 months. Can I work with a family reunification permit? Yes, the visa allows you to work legally in Spain during its validity period. What happens if they deny it? An administrative appeal may be filed within one month of notification. Can I apply from Spain? Only family members of EU citizens can start the process within the country. Is it valid for children over 18 years old? Yes, if they are financially dependent or are continuing their studies. Which health insurance is accepted? Private or public insurance that covers illnesses and accidents in Spain. Obtaining family reunification in Spain is a fundamental step towards living legally with your family and accessing rights such as education, healthcare, and employment. However, each case is unique, and errors in the documentation or procedure can delay or even prevent approval. If you want to maximize your chances of success and save time, contact our expert immigration lawyers. They will guide you step by step, review your documents, and help you manage your application professionally and securely.

Joint custody Defend your rights with a family lawyer Please enable JavaScript in your browser to complete this form.Name *Email *Phone *Tell us about your situation *How did you hear about Legal Iuris? * I found your website on Google Facebook Instagram Other GDPR Agreement * I consent to this website storing the information I have submitted so that they can reply to my enquiry. Send In this article, we offer you a comprehensive guide to joint custody. What is joint custody? Joint custody is a custody arrangement in which both parents have equal responsibility for the care and upbringing of their children. Unlike sole or single-parent custody, where one parent assumes most of the care, joint custody seeks to strike a balance between both parents in the care of the child. Types of custody in Spain Joint custody Joint custody is the option in which both parents actively participate in the upbringing and daily care of their children. In this type of custody, the time each parent spends with their child is equal and adapted to the parents’ personal circumstances. This does not mean that the children live exactly half the time with each parent, but rather that a balance is sought that is adapted to the needs of the family. For example, joint custody may be arranged so that the children spend 60% of their time with one parent and 40% with the other. Sole custody Sole custody is assigned to one of the parents and means that the child lives mainly with that parent, while the non-custodial parent retains visiting and communication rights, which generally consist of a midweek visiting arrangement and two weekends per month with overnight stays. This is the traditional arrangement and is still widely used in Spain, especially when there is conflict between the parents. Differences between guardianship, custody and parental authority Parental authority and guardianship and custody are two concepts that affect the care of minors but intervene in two different areas. While parental authority refers to the rights and duties of parents in relation to their minor children, guardianship and custody refer to the responsibility they have for the daily care and upbringing of their children. Parental authority would include, for example, the right to have custody and care of the children, the right to make important decisions in the children’s lives (e.g. regarding their health, education, religion, etc.), the duty-obligation to provide the children with food, housing and education, as well as the right-duty to make legal decisions on behalf of minor children (e.g. accepting an inheritance). Guardianship and custody, on the other hand, refer specifically to the responsibility of caring for and raising children on a day-to-day basis. In Spain, with some exceptions, parental authority is shared between both parents. However, a court could determine otherwise and decide that a parent should be deprived of parental authority, for which they must seriously breach their parental duties, put the child’s safety at risk – through behaviours such as alcoholism or drug addiction – be convicted of a criminal offence, abuse the child or the other parent, have a mental illness or disability that negatively affects the well-being of the children, or even in cases of repeated absence of the parent from the daily care of the child. The fact that a parent is deprived of parental authority does not mean that the obligation to provide maintenance for the child disappears, nor does it mean that the parent-child relationship is terminated, as the legal duty to care for the child remains. Requirements for joint custody In order for joint custody to be viable, judges usually assess: That the homes are close together so that travel does not affect the child One of the most important requirements is that both parents establish their residence nearby. This avoids long journeys that could affect the child’s home and school routine, extracurricular activities and rest. The case law of each area will have to be consulted to determine whether this requirement is met. That both parents have adequate space for the child Every parent should have a safe and suitable home so that their children can live comfortably. This includes enough space for the child to have their own room and a stable environment in which to study and rest. No domestic violence If there is a history of physical or psychological violence or abuse, joint custody is not usually granted. The absolute priority of judges is to protect the safety and well-being of the child. Both parents must be available Each parent must be able to devote sufficient time to caring for the child. If one parent has a job that prevents them from adequately caring for the child, this may influence the court’s decision.Other factors include the children’s opinion (depending on their age and maturity), parenting ability and emotional stability. Frequently asked questions What if one parent moves away? Joint custody should be reconsidered if it affects the logistics and well-being of the child. Can the children choose? Depending on their age, judges may take their opinion into account as long as they are sufficiently mature. From the age of 12 onwards, their opinion is fundamental. How does child support work? It is adjusted according to CGPJ tables based on the parents’ income, standard of living and time spent living together. In cases where joint custody is established, no maintenance is set, except in exceptional circumstances. Is mediation mandatory? Since the entry into force of Organic Law 1/2025, yes. Can custody be modified? Yes, provided there are significant changes in family life that affect the child. Joint custody is a way of ensuring that children grow up in a balanced environment, maintaining a relationship with both parents. Having solicitors who specialise in family law ensures that the process is handled correctly, respecting everyone’s rights and always prioritising the best interests of the child. Take a look at our recent articles Disciplinary dismissal in Spain 5 June, 2026/No Comments Second Chance Law in… Continue reading Joint custody in Spain

Express divorce in Spain, 2026 What you need to know Express divorce in Spain, 2026 What you need to know Family lawyers with experience in divorce Please enable JavaScript in your browser to complete this form.Name *Email *Phone *Tell us about your situation *How did you hear about Legal Iuris? * I found your website on Google Facebook Instagram Other GDPR Agreement * I consent to this website storing the information I have submitted so that they can reply to my enquiry. Send When a couple decides to end their marriage amicably, one of the first questions that usually arises is whether there is a quick and easy way to do so. In Spain, the answer is clear: yes, through what is known as an express divorce. This type of divorce has become the most common option in recent years as it avoids unnecessary conflict, reduces costs and shortens the time frame. Below, we explain, in a clear and practical way, what an express divorce consists of, when it is possible to resort to it and what aspects should be taken into account so that the process is not delayed. What is express divorce? Express divorce is a colloquial term for divorce by mutual consent, i.e. when both parties have decided to end the marriage and agree on the terms of the divorce. Since the legal reform introduced by the Voluntary Jurisdiction Law, this type of divorce can be processed not only in court, but also before a notary, provided that certain requirements are met. This has been a significant change, as it allows the situation to be resolved in much less time. Requirements Requirements that must be met Mutual agreement between the spouses. At least three months since the marriage. Submission of a regulatory agreement, with the terms of the divorce. At least one of the spouses must be resident in Spain. If any of these requirements are not met, it will be necessary to resort to legal proceedings. Express divorce before a notary Specific requirements Notarial proceedings are undoubtedly the fastest. However, the law limits their use to very specific situations.Divorce before a notary can only take place when: There are no minor children or persons with legally modified capacity. Both spouses appear in person. A solicitor is present. In these cases, the divorce can be finalised in a matter of days once all the documentation has been prepared. Is it possible to have an express divorce with children? When there are minor children, an express divorce is still possible, but only through the courts. In these cases, the Public Prosecutor’s Office intervenes, whose function is to ensure that the measures agreed upon adequately protect the minors. This procedure is still much faster than a contested divorce. The regulatory agreement, the key to the whole process The real core of an express divorce is the regulatory agreement. This document sets out the terms that will stipulate the new situation of both spouses after the divorce.Among other aspects, it usually regulates: Parental authority. Guardianship and custody. Visitation rights. Child support and possible compensatory allowance. Use of the family home. Contribution to marital expenses. Settlement of the matrimonial property regime. The regulatory agreement must be tailored to each family, so a generic and vague agreement can cause problems in the medium and long term, making it essential to seek good legal advice. Required documentation To initiate an express divorce, the following is usually required: Full marriage certificate Certificate of residence ID card or passport of both spouses Family record book Birth certificates of children (if applicable) Signed settlement agreement Do you need help with your express divorce? Our solicitors specialising in family law can help you throughout the process. Contact our team and we will guide you through your express divorce so that it is resolved quickly, appropriately and without complications. Take a look at our recent articles Disciplinary dismissal in Spain 5 June, 2026/No Comments Second Chance Law in Spain What is the Second Chance Law? The Second Chance Law is the legal procedure by… Read More Joint custody in Spain 12 March, 2026/No Comments Second Chance Law in Spain What is the Second Chance Law? The Second Chance Law is the legal procedure by… Read More Express divorce in Spain 2 February, 2026/No Comments Second Chance Law in Spain What is the Second Chance Law? The Second Chance Law is the legal procedure by… Read More New obligation for tourist rentals in Spain 27 January, 2026/No Comments Second Chance Law in Spain What is the Second Chance Law? The Second Chance Law is the legal procedure by… Read More Contact our team Contact our team Fill in the form and our experts will contact you shortly to assist you. Fill in the form and our experts will contact you shortly to assist you. Please enable JavaScript in your browser to complete this form.Name *Email *Phone *Tell us about your situation *How did you hear about Legal Iuris? * I found your website on Google Facebook Instagram Other GDPR Agreement * I consent to this website storing the information I have submitted so that they can reply to my enquiry. Send

New obligation for tourist rentals in Spain Mandatory annual declaration from 2026 New obligation for tourist rentals in Spain Mandatory annual declaration from 2026 How can we help you? Please enable JavaScript in your browser to complete this form.Name *Email *Phone *Tell us about your situation *How did you hear about Legal Iuris? * I found your website on Google Facebook Instagram Other GDPR Agreement * I consent to this website storing the information I have submitted so that they can reply to my enquiry. Send From February 2026, all landlords of short-term accommodation in Spain will have to comply with a new legal obligation to submit an annual information return on their rental activity. This measure affects both tourist accommodation and other temporary rentals (holiday, study, work or medical treatment) and is part of the new short-term rental control system approved by the Government. In this article, we explain what this declaration is, who is required to file it, what information must be submitted, and what happens if it is not complied with, in a clear and practical manner. What does the new annual short-term rental declaration consist of? It is a mandatory annual information form that must be submitted by landlords of short-term accommodation registered in the Single Rental Register and who have a Single Rental Registration Number (NRUA). This obligation has been approved by Order VAU/1560/2025, implementing Royal Decree 1312/2024, and is part of the creation of the Single Digital Window for Leases. What does the new annual short-term rental declaration consist of? The information return will be annual and must be submitted during the month of February each year, including data for the previous calendar year. The first time it will be mandatory will be in February 2026, when short-term leases entered into throughout 2025 must be declared. The specific deadline generally runs from 1 February to the first working day in March, if the month ends on a non-working day. It is important to note that the obligation exists even if there have been no stays during the year, provided that the property has a valid Unique Rental Registration Number (NRUA). Even if there have been no rentals during the year, the declaration must still be submitted if the property has an active NRUA. Who is required to submit the form? Both individuals and companies that rent short-term accommodation are required to file the form, including: Homes for tourist use Holiday rentals Temporary rentals for work or study purposes Rooms, entire homes or even boats If the accommodation has a Unique Rental Registration Number (NRUA), there is an obligation to declare it What information must be included in the declaration? The declaration is submitted anonymously, but includes relevant information about the activity: Unique Rental Registration Number (NRUA) Purpose of the rental (holiday, work, studies, etc.) Number of guests Check-in and check-out dates for each stay Annual list of leases This information allows the Administration to monitor actual short-term rental activity without having to directly identify tenants. Do you have a tourist accommodation or short-term rental in Spain and don’t know how to comply with this new obligation? At our firm, we can advise you and take care of the entire process, from reviewing the NRUA to correctly filing the annual return, avoiding risks and penalties. Take a look at our recent articles Disciplinary dismissal in Spain 5 June, 2026/No Comments Second Chance Law in Spain What is the Second Chance Law? The Second Chance Law is the legal procedure by… Read More Joint custody in Spain 12 March, 2026/No Comments Second Chance Law in Spain What is the Second Chance Law? The Second Chance Law is the legal procedure by… Read More Express divorce in Spain 2 February, 2026/No Comments Second Chance Law in Spain What is the Second Chance Law? The Second Chance Law is the legal procedure by… Read More New obligation for tourist rentals in Spain 27 January, 2026/No Comments Second Chance Law in Spain What is the Second Chance Law? The Second Chance Law is the legal procedure by… Read More Contact our team Contact our team Contact our fiscal advisors and we will get back to you as soon as possible. We will assess your situation and offer you the advice you need. Contact our fiscal advisors and we will get back to you as soon as possible. We will assess your situation and offer you the advice you need. Please enable JavaScript in your browser to complete this form.Name *Email *Phone *Tell us about your situation *How did you hear about Legal Iuris? * I found your website on Google Facebook Instagram Other GDPR Agreement * I consent to this website storing the information I have submitted so that they can reply to my enquiry. Send

Registering as a self-employed worker in Spain What you need to know before you start Registering as a self-employed worker in Spain What you need to know before you start Contact our fiscal advisors Please enable JavaScript in your browser to complete this form.Name *Email *Phone *Tell us about your situation *How did you hear about Legal Iuris? * I found your website on Google Facebook Instagram Other GDPR Agreement * I consent to this website storing the information I have submitted so that they can reply to my enquiry. Send Registering as a self-employed worker in Spain is one of the most important steps for those who want to start their own business. However, it is also one of the processes that raises the most questions, especially due to the combination of tax procedures, social security, costs and future obligations. In this article, we explain the essentials you need to know before registering as a self-employed worker. What does it really mean to be self-employed in Spain? Being self-employed means carrying out an economic activity on a regular basis, personally and on your own account, directly assuming tax and contribution responsibilities to the Administration. This not only means issuing invoices, but also choosing the right activity, complying with periodic obligations and paying a monthly Social Security contribution, even if there is no income. Therefore, before starting the process, it is essential to analyse whether registering as self-employed is the most appropriate option for your personal, professional and financial situation. Basic requirements for registering as a self-employed worker Although the requirements vary depending on your profile, in general terms you will need: Valid identification document (DNI or NIE). Be legally entitled to work in Spain. Register with the tax authorities. Register with the Social Security (RETA). For foreign nationals, especially non-EU citizens, the process can be more complex and requires meeting specific conditions regarding residence and authorisation to work on a self-employed basis. How much does it cost to be self-employed? Main regular expenses Self-employed contribution (variable depending on income) This is the most important fixed expense. It depends on your contribution base and determines how much you pay each month to Social Security. It directly affects your future pension, sick leave coverage and other rights.In addition, as an incentive for new self-employed workers, the government has established a flat rate, which you can access for the first 12 months with the possibility of extension depending on the income generated. VAT Pay the difference between the VAT you charge your customers and the VAT you pay on your purchases. If your activity is subject to this indirect tax. Income tax Withholdings on your income and instalment payments. Depending on the regime that applies to you, the general income tax is 20% of your net income every three months. Accounting or advisory services Having a professional allows you to fulfil your obligations without errors, optimise taxes and avoid legal problems. Other expenses depending on the activity (insurance, licences, etc.) Depending on your business, there may be variable costs such as professional insurance, licences, supplies or work materials. Although these are not mandatory for everyone, they directly affect profitability if not planned for from the outset. We help you register as a self-employed person safely and without complications At our firm, we support self-employed workers from the outset, managing their registration correctly and adapting to each specific case Years of experience + 0 Companies and individuals advised + 0 Professional awards + 0 I want to talk with a fiscal advisor We help you register as a self-employed person safely and without complications At our firm, we support self-employed workers from the outset, managing their registration correctly and adapting to each specific case Companies and individuals advised + 0 Years of experience + 0 Professional awards + 0 I want to talk with a fiscal advisor Key procedures when registering as a self-employed person Choosing the correct classification The category determines how the tax authorities understand your economic activity. Choosing the wrong one can lead to incorrect taxation, loss of deductions or problems during inspections. Many activities do not fit into a single category and require prior analysis. Appropriate tax regime Not all self-employed workers are taxed the same. Depending on the activity and profile, the way VAT and income tax are declared may vary, as well as quarterly obligations. Contribution base The contribution base directly influences the monthly contribution and future benefits (sick leave, retirement, etc.). Adjusting it correctly from the outset is key to balancing costs and protection, especially with the current system of contributions based on actual income. Mutual insurance company When you register as a self-employed worker, you must choose a mutual insurance company that will cover contingencies such as sick leave or accidents. Although it is often overlooked, not all mutual insurance companies offer the same coverage or the same level of care. Future tax obligations Registering as self-employed means making regular commitments to the tax authorities and social security. Knowing what returns you will need to file, when and how, is essential to avoid unexpected surcharges, penalties or adjustments. Why seek professional help to register as a self-employed person? Registering as a self-employed worker is not just a formality, it is the start of your economic activity. Doing it right from the beginning saves you time, money and problems in the future. Having specialised professionals at your side allows you to: Analyse whether it is really in your best interest to register as a self-employed worker. Choose the right form of taxation. Optimise costs from day one. Comply with current regulations without risk. Receive support in case of any questions or changes. Advice is key, especially if you have international income or plan to carry out a specific activity. Take a look at our recent articles Disciplinary dismissal in Spain 5 June, 2026/No Comments Second Chance Law in Spain What is the Second Chance Law? The Second Chance Law is the legal procedure by… Read… Continue reading Registering as a self-employed person in Spain

Adapting working hours for work-life balance Adapting working hours for work-life balance Contact our labour lawyers Please enable JavaScript in your browser to complete this form.Name *Email *Phone *Tell us about your situation *How did you hear about Legal Iuris? * I found your website on Google Facebook Instagram Other GDPR Agreement * I consent to this website storing the information I have submitted so that they can reply to my enquiry. Send Do you have minor children, dependents or dependents who need your daily care? Adjusting working hours for family reconciliation is an individual right recognised by Spanish law that allows you to adjust your working hours without losing your job. This legal tool seeks to balance the professional and personal lives of workers. Thanks to recent reforms, such as Royal Decree-Law 6/2019, this right has been strengthened, offering more security and possibilities for those who need it. In this guide, we will explain everything you need to know: what the law says, who can apply for it, how to do it step by step, what formats you can propose and how to protect yourself legally against any refusal or retaliation. What is working hours adjustment for family reconciliation? Working hours adjustment is a legal measure that allows employees to modify their working hours to attend to family obligations. This right can translate into changes in schedule, distribution of working hours or even the type of work (such as remote work). Current legal framework The regulation governing this measure is Article 34.8 of the Workers’ Statute, amended by Royal Decree-Law 6/2019, which introduces the requirement for the company to negotiate in good faith and justify any refusal. This right: Does not necessarily imply a reduction in salary. Is personal and non-transferable. Can be exercised by both men and women. Is legally protected against reprisals at work. Legal basis: Article 34.8 of the Workers’ Statute This article establishes that all workers have the right to request adjustments to their working hours in order to balance family and work life. The company is obliged to negotiate for a maximum of 15 calendar days (or the period specified in the collective agreement) and to respond with justification. Key case law: The Supreme Court has reinforced the right to work-life balance by recognising its constitutional value linked to the right to family life and equality. Who can request working time adjustments? The law establishes several cases where this right is expressly recognised: Care of children under 12 years of age Parents may request a change in working hours or working arrangements in order to care for their minor children. It is not necessary to justify an exceptional situation: the age of the child is sufficient. Care for dependent or disabled family members The right to care for the following is also recognised: Children with disabilities. Spouse or civil partner. Relatives up to the second degree (parents, grandparents, grandchildren, siblings). Dependent persons living with you. Types of working hours adjustments available Employees can propose the format of adjustment that best suits their situation: Flexible hours and shift changes Changes to start or finish times, shift swaps or compacting working hours to free up afternoons or mornings. Remote working as a means of work-life balance This can be requested on a partial or full-time basis, especially in sectors compatible with remote working. Reduction of working hours and its compatibility The reduction (between 1/8 and 1/2) can be combined with adaptation. It has a proportional impact on salary but protects contributions during the first three years if it is for childcare. Can the adjustment to the working hours be reversed? Yes, the worker may request to return to their previous schedule at any time if: The agreed period has come to an end. The family circumstances that led to the request no longer exist. There are new personal or family needs that require a return to the normal working hours. In these cases, the company must assess the request and may only reject it for objective and justified reasons, providing written justification for its refusal. The reversal may also form part of an initial agreement if a limited period of validity is established for the adjustment. Legal protection against dismissal for work-life balance Requesting or taking advantage of working time adjustments cannot be grounds for dismissal. If dismissal occurs after exercising this right, it may be declared null and void by the courts, forcing the company to reinstate the worker and pay the wages they have not received. It is also possible to claim compensation if the employee suffers personal or financial damage as a result of the company’s refusal to grant the adjustment without valid justification. Compatibility with other work-life balance measures Working time adjustments are compatible with: Reduction of working hours for the care of children or relatives (Articles 37.6 and 37.7 of the Workers’ Statute). Paid leave for birth, adoption, death or serious illness. Leave of absence to care for family members. These measures may be applied successively or simultaneously, provided that the established legal requirements are met. Impact on salary and Social Security contributions If the adjustment to working hours does not include a reduction in working hours, it does not affect salary. In the event of a reduction, the salary is adjusted in proportion to the hours worked. For carers of children under 12 years of age, during the first 3 years of the reduction, full-time contributions are maintained for the purposes of retirement, unemployment and other benefits. This benefit is particularly important in order to avoid penalties in future retirement pensions or unemployment benefits. Frequently asked questions about working hours adjustments Can I request the adjustment even if there is no collective agreement regulating it? Yes. The right exists, even if the agreement does not mention it. In this case, Article 34.8 of the Workers’ Statute applies. Can I make the request verbally? This is not recommended. It should always be done in writing, clearly stating your family situation… Continue reading Adapting working hours for work-life balance

What happens if you are stopped at a breathalyzer checkpoint? Alcohol controls are a common measure in Spain to prevent traffic accidents, especially during the festive season (Christmas, local festivals…) or near leisure areas.   If, during your stay in Spain, you are subject to a surprise control, it is important that you are aware of your rights and obligations so that you do not incur further problems.    In this article we will try to explain in simple terms how to act, what to expect and how to protect your rights.   What is a breathalyzer test? A breathalyzer test is a test carried out by the police to determine whether you have consumed alcohol and whether the level ingested exceeds the legal limits. In Spain, there are two types of sanctions: the administrative sanction and the criminal sanction. If you exceed a certain threshold of alcohol in the air or in your blood, you will need the assistance of a lawyer.    These limits are:   In the case of administrative sanction: it is more minor and generally carries a fine penalty.    0.5 g/l in blood or 0.25 mg/l in exhaled air for general drivers. 0.3 g/l blood or 0.15 mg/l breath for novice drivers (with less than 2 years of experience) and professional drivers (taxi drivers, bus drivers, etc.). In case of criminal sanction: this is more serious, as if you exceed these thresholds you will be committing a road safety offence and will face legal proceedings for which you will need the assistance of a lawyer.    1.2 g/l in blood or 0.60 mg/l in exhaled air. Article 379 of the Spanish Penal Code, in section 2, provides that: 2. Anyone who drives a motor vehicle or moped under the influence of toxic drugs, narcotics, psychotropic substances or alcoholic beverages shall be punished with the same penalties. In any case, these penalties shall be imposed on anyone who drives with a breath alcohol level of over 0.60 milligrams per litre or with a blood alcohol level of over 1.2 grams per litre’.   When can you be breathalyzed? The police can carry out breathalyzer tests in the following situations:   Random checks – Part of accident prevention operations. Traffic accidents – If you are involved in an accident, the police are likely to check that you have not been drinking. Traffic offences – If you commit a traffic offence, you may be asked to submit to testing. Reasonable suspicion – If officers believe you show signs of drunkenness (smell of alcohol, erratic behavior, slurred speech, etc.). Your rights during a breathalyzer checkpoint Knowing your rights allows you to handle the situation properly and avoid further legal problems. These are the main rights you have.   Right to information Officers are obliged to explain the procedure, the reason for the check and the consequences of the results. If you have any doubts, you can ask for clarification before the test is carried out.   The right to have the test carried out correctly The breathalyzer test must be carried out with an approved and calibrated breathalyzer.    It should also be remembered that:   The initial test is carried out by blowing into a portable breathalyzer.   If you test positive, you have the right to a second, contrasting test.    The right to have the test carried out correctly The breathalyzer test must be carried out with an approved and calibrated breathalyzer.    It should also be remembered that:   The initial test is carried out by blowing into a portable breathalyzer.   If you test positive, you have the right to a second, contrasting test.    Right to a counter test  If the result exceeds the legal limit, you can request a counter-test in the form of a blood or urine test at a medical center.   This test can confirm or contradict the results.   Right to the assistance of a lawyer If the situation results in an arrest or criminal prosecution (e.g. for exceeding 0.60 mg/l in exhaled air, which is a road safety offence), you have the right not to make a statement and to be assisted by a lawyer. You should call your lawyer as soon as possible as there is likely to be a speedy trial a few days later, and it will be important that your lawyer consults the proceedings and checks that you have been read your rights, that the law has been complied with, that the breathalyzer complies with current legislation, and so on.   Right to receive a copy of the report You have the right to request a report with the results of the check and all documentation related to the proceedings.   Obligations during a breathalyzer test Although you have rights, you also have certain legal obligations.   Submit to the test – Refusing to take the test is considered a criminal offence, which may aggravate the situation. Cooperate with officers – An aggressive or defiant attitude could complicate the situation. Consequences of a positive breathalyzer test. If the test results exceed the legal limits, you could face the following penalties.   If it is an administrative penalty – levels above 0.25 mg/l (or 0.15 mg/l for novices and professionals), you will be fined up to 500 or 1000 euros and face a possible loss of 4 to 6 points on your licence depending on the level of alcohol.   If it is a criminal offence – if it exceeds 0.60 mg/l in exhaled air or 1.2 g/l in blood – you could be charged with a road safety offence, with penalties including fines, licence withdrawal and imprisonment.   Removal of the vehicle is likely in cases where it represents a risk to road safety and there is no other person who can drive, in which case your vehicle may be immobilised.   Frequently asked questions about breathalyzer checks How long does a breathalyzer check take? A breathalyzer check is usually quick, between 5 and 10 minutes, depending on the cooperation of the driver and the equipment available.   Can I refuse to take the test if I have not been… Continue reading What happens if you are stopped at a breathalyzer checkpoint? 

El padrón. what is it, how to “empadronarse”, benefits and penalties. “El padrón” is the administrative register of each city or municipality which contains the details of all registered citizens residing there, irrespective of their nationality. Where is it regulated? The register is regulated in the Law of Bases of the Local Regime 7/1985, of 2 April and in Royal Decree 1690/1986, of 11 July, which approves the Regulation of Population and Territorial Demarcation of Local Entities.   This register must be renewed every two years.   The regulation establishes the obligation for all persons living in Spain to register in the register of the municipality where they habitually reside. If a citizen resides in several municipalities during the year, he or she must be registered in the register of the municipality in which he or she resides the longest. The citizens registered in the census are called neighbours. The total number of residents constitutes the population of the municipality.   Its management and processing belongs to the town council of the place of residence and, according to the law, it is compulsory to be registered in the place where you live, and you may incur financial penalties if you fail to comply. How to register in the Padrón. This procedure is managed independently by each town hall, which is why the process changes depending on whether you are going to register in one municipality or another.   The local councils in Spain, in these cases, are entities that act autonomously under their own guidelines and management criteria, which is why some councils will only allow the process to be carried out in person, others may offer facilities to do it online and with some of them you will need to make an appointment before starting the process.   Our recommendation is that you consult with our team for a quick, simple and efficient way to complete the procedure, but if you want to do it yourself, we urge you to find out about the requirements for the procedure beforehand through your local council’s official channels (e.g. via the website, telephone or email).   As a general rule, however, you will need documents proving your identity, documents proving your address and its use, a registration application and any other documents required by the local council of your municipality. Is it legal to be “empadronado” in one place and live in another? On many occasions it is common that, for various reasons of work, temporary stay in a city, studies, or the simple laziness of starting a bureaucratic procedure with the town hall, we are registered in a different place to the one where we live.   This, although it may seem a common situation, living in a different place to the place where you are registered is illegal, as is the opposite situation of being registered in two different places.   What does the law say about this? Article 15 of the Ley de Bases del Régimen Local 7/1985, de 2 de abril states that ‘Any person living in Spain is obliged to register in the Padrón of the municipality in which he or she habitually resides. Anyone who lives in several municipalities must register only in the municipality where they live for the longest period of time per year’. In conclusion, one must only be registered in one place of residence, the habitual place of residence, and in the event that the person lives in several municipalities, the one in which he/she lives the longest during the year.   There are penalties for non-compliance with the legal requirement to register. Fines depend on the municipality, which will set penalties according to the number of inhabitants of the municipality and can be up to €150 in certain cases, although if it is proven that the applicant has used false information or has used this method for lucrative purposes, the fine could lead to penalties in some cases to criminal sanctions or considerably higher fines. What are the benefits of being empadronado? An empadronamiento accredits that you are a resident of a specific city and although it may not seem important, below we would like to highlight some situations that could occur during your stay in Spain and that could motivate you to modify your empadronamiento in case you are registered in a municipality but live in a different place: Problems with public services. Not being registered or being incorrectly registered can hinder future procedures related to civil registration, medical assistance, public education, social assistance, residence permits, visas, public aid, rental subsidies, renewal of ID cards, among others. The state and public bodies continue to notify, to a large extent, important communications or notifications in the dwelling where you are registered, for example: traffic fines, court summons, tax notifications, among others. Not being registered correctly can cause you problems with different administrations, as by not receiving such notifications you may be in breach of your legal obligations or be subject to fines and surcharges for not responding correctly to your notifications in due time and form. Inability to enjoy the advantages offered by your municipality of residence. Sometimes, if you are not registered in your place of residence, you may not be able to enjoy all the services that your municipality offers you in its public buildings and facilities such as libraries, nurseries, school canteens or public school offers, since you are listed as a resident in another place. The padrón is also a necessary document to regulate everything related to your stay in a certain place, important for private or work purposes, as well as residence and work permits, length of stay in a community or country or for those interested in acquiring Spanish residency by residence. Conclusion When a person changes their residence, registering in the new home is probably not one of their primary needs, but if the change of residence is permanent or long-term, it is the citizen’s obligation to register in the correct place to… Continue reading El padrón. What is it, how to “empadronarse”

Non-Residents Income Tax (IRNR) As the end of the year approaches, the question arises: am I obliged to pay IRNR in Spain? In this article we will explain what IRNR is, when, who must pay it and other essential details.  What is IRNR? IRNR (Impuesto sobre la Renta de No Residentes) is a tax payable by individuals or legal entities that generate income in Spain but are not tax residents in the country. This tax mainly covers income derived from property, rentals, economic activities or sales of real estate in Spanish territory. The application of IRNR is regulated by Royal Legislative Decree 5/2004 of 5 March.  Types of income from real estate property In the case of a non-resident individual taxpayer:   Imputed income from urban real estate, if the property is for its own use or is unoccupied. Income from rented property, if the property is rented. Capital gains, if the property is sold. If the taxpayer is a legal entity or non-resident entity:   Income from rented real estate, if the real estate is rented. Capital gain, in case of sale of the property. If the entity is resident in a tax haven (with effect from 11 July 2021, references made to tax havens are understood to be made to the definition of a non-cooperative jurisdiction), it may be subject to the Special Tax on Real Estate of Non-Resident Entities. Am I a tax resident? You are considered a tax resident if you spend more than 183 days during the calendar year in Spain or Spain is the main country of your economic activity, meaning that most of your income comes from or is related to activities in the country.  If you do not meet these requirements, then you will be considered non-resident and will be subject to IRNR if you have income in Spain.  When do I have to pay personal income tax? IRNR is paid annually, the deadline is 31 December.  How much do I have to pay? The Personal Income Tax (IRNR) return may vary depending on the type of income:  Form 210: For most income, such as rents or interest. Form 211: In the case of the sale of real estate, this is the form to be used by the purchaser to make the withholding. Form 213: For the payment of taxes on the ownership of real estate in the case of non-resident legal entities. If you have any doubts about which form to choose or you need help to pay your IRNR, do not hesitate to contact us, our tax specialists can answer any questions you may have.  What happens if you do not pay the IRNR? Failure to pay IRNR can lead to penalties and late payment interest that will increase the tax debt. In addition, if you own a property in Spain and have not complied with your tax obligations, you could face legal problems that may affect the registration and future sale of the property. 

Differences between a deposit contract and a sales contract When it is time to sign the contract, you may hear the terms ‘contrato de arras’ (deposit contract) and ‘compraventa’ (sale and purchase contract). Some people think that they are equivalent to each other. This confusion creates many problems at the time of the sale. To avoid these situations in the future, in this article we will explain the difference between a deposit contract and a purchase contract.  What are they for? Both contracts are related to the subject of purchase and sale. Although the deposit contract is not compulsory like the purchase contract, the deposit contract can facilitate the purchase process and make it much more comfortable.  Deposit contract The main function of this type of contract is to establish an agreement between the seller and the buyer. The potential buyer agrees to buy the property within a certain period and the seller agrees to sell his property to this client within the agreed period and under the specified conditions. Normally, the client gives an amount of money established in the contract, as a guarantee of the purchase.  Can the deposit contract be waived? Although the seller agrees to sell the house and the client agrees to buy it, both parties can withdraw from the contract. Normally, a monetary penalty set out in the contract is charged in advance.  Sales contract The contract of sale is a consensual legal act, a binding document in the process of buying and selling. This contract establishes the transfer of ownership. Both parties (they can be physical or legal) have obligations. The buyer is obliged to pay a previously negotiated price, and the seller is obliged to deliver an object specified in the contract.  Main differences Important to remember There are different types of “arras” and they will be part of terms and conditions of the purchase contract.  Also, there are another type of contracts, such as reservation agreement, option to buy purchase contract and more.  Conclusion Regardless of whether you need an earnest money contract or a purchase contract, professionals can help you with the problems that arise during the purchase of real estate, do not hesitate to contact our specialists.   Español English Nederlands